Christopher Dunn

June 20, 2007 | New York Law Journal

Christopher Dunn, the associate legal director of the New York Civil Liberties Union, writes that an unusual Second Circuit panel recently issued an opinion suggesting that attorneys or organizations doing pro bono work could be denied attorney's fees in civil rights actions because of their willingness to provide free legal services. This position, which is based on a novel free-market approach to civil rights fees, could have a substantial impact on the availability of pro bono legal services.

By Christopher Dunn

10 minute read

October 26, 2009 | New York Law Journal

Christopher Dunn, the associate legal director of the New York Civil Liberties Union, writes that Robert Moses' widespread use of eminent domain in his efforts to clear the way for "urban renewal" coincided with a significant relaxation by the Court of Appeals of its view of the state constitutional provision that regulates government taking of private property. This approach corresponded with similar trends in federal law, which culminated four years ago in Kelo v. City of New London, a decision that ignited a national controversy about the government's power to seize private property and turn it over to private interests for economic development. In light of this controversy, the surprise decision by the New York Court of Appeals to take on the Atlantic Yards case provokes the question whether the Court is considering moving back toward its pre-Moses condemnation jurisprudence.

By Christopher Dunn

10 minute read

October 29, 2007 | New York Law Journal

Christopher Dunn, the associate legal director of the New York Civil Liberties Union, writes that the widely publicized controversy involving the hanging of nooses in Jena, La., has been followed by a spate of noose incidents here in New York. Not surprisingly, there has been little discussion about the extent to which the display of nooses implicates the First Amendment. The Supreme Court, however, has twice in recent years decided cases involving vile race-based expressive conduct.

By Christopher Dunn

11 minute read

May 04, 2010 | New York Law Journal

Christopher Dunn, associate legal director of the New York Civil Liberties Union and an adjunct professor in the Civil Rights Clinic at New York University School of Law, reviews a case heard by the U.S. Supreme Court last week that presents important questions about the right to engage in anonymous speech and likely will determine the constitutional viability of a favored tactic of gay-rights advocates: outing those who support referenda repealing gay-rights protections.

By Christopher Dunn

11 minute read

October 05, 2004 | New York Law Journal

Christopher Dunn, the associate legal director of the New York Civil Liberties Union, reports that, following the Republican Convention, lawsuits over police actions is a certainty. While most may be routine false arrest and detention cases, some NYPD actions may open the door to federal civil rights litigation implicating broader policy decisions.

By Christopher Dunn

11 minute read

February 22, 2005 | New York Law Journal

Christopher Dunn, associate legal director of the New York Civil Liberties Union, writes that as the national controversy over gay marriage edges ever closer to the boiling point, the New York Court of Appeals is poised to take on the question whether the New York State Constitution prohibits state and local officials from denying same-sex couples the right to wed.

By Christopher Dunn

10 minute read

August 28, 2007 | New York Law Journal

Christopher Dunn, associate legal director of the New York Civil Liberties Union, writes that the death penalty continues to command the attention of the Supreme Court, with it being the subject of seven signed opinions in the last term. In each of those cases the Court split 5-4, with the same four-Justice blocks squared off against one another. Which block prevailed turned entirely on the position of Justice Kennedy, who now is the single most important person in this increasingly contentious debate.

By Christopher Dunn

11 minute read

August 26, 2008 | New York Law Journal

Christopher Dunn, associate legal director of the New York Civil Liberties Union, writes that, unusual as a Second Circuit full court hearing may be, an examination of en banc decisions reveals a clear pattern: when the full court has taken up an issue in the last 10 years, it usually has been an important civil rights issue.

By Christopher Dunn

11 minute read

February 26, 2008 | New York Law Journal

Christopher Dunn, associate legal director of the New York Civil Liberties Union, writes that the Second Circuit, which often has been supportive of public employees' free speech rights, is just now confronting the impact of Garcetti. Earlier this month it issued its first published opinion in a case that presented such an issue, and just one day earlier the court heard oral arguments in a second. The court's actions in these cases suggest it may be in no rush to embrace the Supreme Court's decision.

By Christopher Dunn

11 minute read

August 04, 2011 | New York Law Journal

Christopher Dunn, the associate legal director of the New York Civil Liberties Union, discusses a dramatic advance made by the Second Circuit, which held that the First Amendment right of access is not limited to traditional courtroom proceedings, and how it means the entire range of government proceedings now could be subject to scrutiny.

By Christopher Dunn

11 minute read